Case Concerning Litigation Supervision of Failure to Perform Statutory Duties of Qian X vs. X Villagers' Committee of X District in Shanghai Municipality
(SPP Guiding Case No. 237)
Key words
Supervision of final administrative judgments; Villagers' committee; Public administration duties; Legal standing of a defendant in administrative proceedings; Procuratorial recommendation on retrial
Summary
Where a villagers' committee fails to accept a homestead application and report it in accordance with laws and regulations, and the applicant files an administrative litigation case naming the villager's committee as the defendant, but the people's court dismisses the case on the grounds that it falls outside the scope of administrative litigation, the people's procuratorate shall exercise supervision in accordance with the law.
Relevant provisions
Article 91 of the Administrative Procedure Law of the People's Republic of China
Article 62 of the Land Administration Law of the People's Republic of China
Article 24 of the Interpretation by the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China
Article 34 of the Regulation on the Implementation of the Land Administration Law of the People's Republic of China (Rev. 2021)
Article 36 of the Procedures of Shanghai Municipality on the Implementation of Land Administration Law of the People's Republic of China (Rev. 2018))(This article was deleted in Rev. 2023 of the Procedures, following the addition of Article 34 in Rev. 2021 of the Regulations for the Implementation of the Land Administration Law of the People's Republic of China)
Articles 17 and 18 of the Procedures of Shanghai Municipality on the Administration of Rural Villagers' House Building (effective as of May 5, 2019)
